My husband died just a week ago and we have 3 kids. We’re married 2002. I just found out that he married another woman last 2005 and they have 2 kids. Am I still qualified as legal claimant? How will the benefits be divided both in SSS and Pag-ibig?

Answer:

Hi Nel, I admire you for immediately recognizing the fact that the illegitimate children will also share in the benefits.

For both Pag-ibig and SSS, you and your 3 kids are the main claimants, since your marriage is the legal one. The 2005 marriage is null and void, since it was a bigamous marriage. But the illegitimate children will also share in the benefits, although there are some differences in the sharing of SSS and Pag-ibig benefits.
[adsense]Pag-ibig Death Benefit

The Pag-ibig death benefit is a lump sum.
It is equal to total accumulated monthly contributions, plus total yearly dividends, plus additional death benefit.

The additional death benefit is 6,000 pesos or an amount equivalent to his total savings plus total dividends, whichever is lower.

There was one spouse who commented here 2 years ago, in a similar situation, and she said that the division of Pag-ibig benefits between her legitimate family and the illegitimate children, was a division of benefits by 2 parties (50% for the legitimate family and 50% for the illegitimate children).

I don’t know if the division is still done the same way. If the same way, you can ask Pag-ibig why the division should not be divided by 6 (4 shares for you, and 2 shares for the illegitimate children).

SSS Death Benefits

1. Funeral Benefit — This is given to the person who spent for the funeral, regardless of relation to your husband. Requirements are original receipts of funeral/burial expenses.

2. Death Benefit

a. Pension

It’s easier for everyone if your husband was able to contribute at least 36 contributions prior to semester of death. This means that each of his primary beneficiaries will get a monthly pension. His primary beneficiaries are you (the legal wife), your minor children who are the legitimate children, and the minor illegitimate children. Minor children are children younger than 21 years of age.

You and each of the minor children will have a share in the monthly pension. But as guardians of your minor children, their pension is issued in your name, added to your own share of the pension.

In addition, each minor will get his/her dependent’s pension, which is equal to 10% of the member’s monthly pension, or 250 pesos, whichever is higher. If there are more than 5 minors, the legitimate children are considered first, starting from the youngest.

b. Lump sum

If your husband contributed less than 36 contributions prior to semester of death, his beneficiaries will get a lump sum. The lump sum is equivalent to 12 times the monthly pension, or monthly pension times the number of monthly contributions paid prior to the semester of death, whichever is higher.

With a lump sum benefit, you will share the lump sum amount with the 2 illegitimate children. I am still researching how this lump sum amount is divided among all primary beneficiaries.

Hi Tina, are you asking about the SSS death benefit? Is your uncle’s daughter under 21? If under 21, she will be the sole beneficiary. Documents: daughter’s birth cert, uncle’s death cert, uncle’s CENOMAR, SSS death benefit claim form, other docs. The live-in partner will be the guardian. If your uncle contributed 36 contributions or more, your niece will receive pension through her guardian (her mother). If less than 36, your niece will get a lump sum through her guardian.
If the child is more than 21, it will be the parents of your uncle who can claim.
With Pag-ibig, the daughter will share the lump sum with the parents of your uncle. In both cases, the live-in partner will not be able to claim because she does not have a marriage cert to present.

Hi ms Nora, my uncle passed away and he has a child w/ his live-in partner.She and her child were able to get funeral benefits but they were having hardtime claiming for the lump sump benefits.. how true is it because they’re not married??..how can my uncle’s daughter be able claim for it?

Hi Jane, yes, the illegitimate children are eligible for pension. They should have received their pension since 2008. If you will process their pension, I think their pensions since 2008 will be taken from the legal wife’s pension. It might even stop for a while so the illegitimate pensions that were not given since 2008 will be paid. The wife’s pension will be readjusted. Ask an SSS officer first before filing.

I have a nephew (10 years old) and a niece (11 years old) whose father died last March 2008. They are both illegitimate considering that my brother has a legal wife with one child. May karapatan ba mag claim ng pension ang dalawang pamangkin ko? The legitimate child is already receiving pension.

Hi, Nora. Is it the same in SSS if my husband did not declare the illegitimate child as beneficiary? I am having problem with the documents that will come with the other party. I have informed the mother of the child for the requirements to be submitted to Pag-Ibig 3 weeks ago but until now she can not provide for me(for Pag-Ibig). That is why until now I can not file the Provident claim.
Another question can I file the Provident claim in any Pag-Ibig office?or only to the office where the contribution was made?

Hi Sonia, most likely you will be able to claim if Pag-ibig does not know there’s an illegitimate child (if your husband did not include the child in his list of beneficiaries), but if later on, the mother of the illegitimate child files her own claim, Pag-ibig can pursue getting back part of the benefits from you.

Hi,Ms. Nora. My husband died last Dec. 2016. We are legally married with 1 child, 13yo. He has 1 illegitimate daughter. My question is that can I claim the provident benefit even w/o the birth certificate and affidavit of guardianship from the other child?

Hi Fiona, I’m so sad about what the colonel did regarding your child’s birth. He cruelly took advantage of your youth. That amicable settlement was done only for the purpose of protecting his family’s retirement or death benefits. I looked at the PNP’s list of requirements for claims, and just like the SSS, GSIS, Pag-ibig, it’s the birth certificate that PNP requires as proof (PNP even requires NSO birth cert with O.R.), so since the colonel is not registered as your child’s father in her birth certificate, sadly your child cannot be recognized as his dependent/beneficiary. And there are other documents: http://pnp-prbs.org/pdf/10.PDF. Sorry I’m not really sure what to advise you, but if you want to pursue this, you can visit the PNP Retirement and Benefits Administration Service or PRBS at Camp Crame in QC and make inquiries. You have grown up, you’ve become stronger, and with God’s help, you will achieve more with your child, even without the colonel’s name.

I HAVE A DAUTHER THE FATHER IS A PNP. COL I WAS STILL A MINOR WHEN I GIVE BIRTH TO MY DAUTHER … WE JUST MADE AN AMICBLE SETLEMENT THAT HES GOING TO RECOGNIZE THE CHILD AFTER HIS RETIREMENT.. BUT UN KNOWINGLY HE DIED WHEN MY DAUGTHER IS ONLY SIX MONTH ” AND KNOW HE WAS ASKING ABOUT HER FATHER WE FOUND OUT THAT HE DIED ALMOST 7YEARS AGO THE AMICABLE SETLEMENT AND MY DUAGTHER IS ONLY MY PROOF.. DOES MY DUAGTHER 7 YEARS OLD STILL HAD RIGTHS TO HIS FATHERS PENSION…

Hi po ms.nora I went to pag ibig. You’re right, my partner’s parents will get something, 50% share of the benefit. Pag-ibig gave a waiver they will sign in case they want to give their share to the children. I forgot to ask if the parents refuse the waiver, do they need to sign the waiver? Thanks po

Hi lhine, you get this form from Pag-ibig, or you can download it, put it in your USB or attach it to your email and have it printed at an Internet cafe. Here’s a copy of Affidavit of Guardianship . This is different from cohabitation — with cohabitation affidavit, you declare that you lived with your partner since ___ as husband and wife without the benefit of marriage and that you had children together (write their names and ages)

Hi lhine, bring your partner’s birth certificate from NSO (parents’ names are there) and write their names in the Proof of Surviving Legal Heirs form. Bring also your partner’s Cert of No Marriage from NSO. Have I mentioned that you also need Affidavit of Guardianship?

Hi Cherry Ann, thanks for the reply. If you decide to pursue this, the best way is for one of your siblings to go to SSS Diliman or a full-service SSS branch in the town/province where they live and make inquiries on what to do. He brings his IDs and birth cert, your father’s death cert, his SSS. no., plus any proof showing your father has been separated from his legal wife for many years.

as afar as i know when my half bro ang sis grown up they lived being and independent from their mother coz they’ve been working ang lived to their relatives.and if my father gave them money directly to their children not to the kegal wife anymore

yes we are the 2nd family Ms.Nora.yes they are fathered by my father and he supported the ligetimate children long time ago when they are young.
many years my father had no contact wth the legal wife since their children grown up.but their children came sometimes to our house to visit but the legal wife..

Hi lhine, you can claim on behalf of your 2 minor children. Most likely, they would share the benefits with the parents of your partner. File asap so that if the parents file, Pag-ibig already knows your partner had children. Requirements: NSO birth certificates of your children, NSO death certificate, Pag-ibig Application for Provident Benefits claim form, your 2 valid IDs, Proof of Surviving Legal Heirs form. I hope you can share later on how Pag-ibig divided the benefits. Thanks too.
With SSS, your 2 minor children are the only primary beneficiaries — they’ll receive pension if your partner contributed at least 36 contributions. File asap, but file first the funeral benefit claim, if you’re the one who spent for the funeral.

Hi Cherry Ann, SSS did not say anything about number of years. SSS policy is: the primary beneficiaries are the legal dependent spouse and children under 21. SSS explains that the legal spouse must be dependent on the deceased spouse before he died. If you and your siblings decide so, your siblings can go to the SSS Commission and make inquiries…so that you can get answers directly from the SSS. My replies are based only on their published policies, court cases that I’ve read, and comments from SSS members online and offline.

Hi Cherry Ann, do you mean the legal wife had children with another man after she left your father?
Or are her children fathered by your father? Are they the first family? Meaning your father left the legal wife and created your family? Meaning you’re the second family? And did your father continue to support his children with the legal wife? Sorry I had to ask

his parents are deceased already,and the names written as his beneficiaries are his uncle and brothers.are there any proof needed if my brorhers and sister file a complain coz i can’t coz im here in Hong Kong.what do we need?
thank very much Ms.Nora for answering my questions which bothers me a lot,thinking whats the right thing to do amd how i can help my siblings to know the truth that they just been fooled by the legal wife side.i made them found out that the legal wife and her children(my half bro and sis)lied us.before my father get burried,they told us that whatever benefits they goot from my father they will share equally,but when rhey recieved it did not happen..

Hi Cherry Ann, are the parents of your father still alive? Because they are the next in line in case the legal wife is disqualified as a beneficiary. If the parents are already deceased, the next in line are those persons written on your father’s SSS records plus the adult children. But because you said the wife has already received the benefits, I assume SSS did not know that the legal wife has been separated for 33 years so it granted the benefits to her. If the adult children decide so, they can file a complaint to the SSS Commission. About your question regarding benefits of adult children: Adult children are not primary beneficiaries; they only get the benefits if there’s no legal spouse, there are no minor children, there are no parents and their names are written as beneficiaries on SSS records (but SSS apparently also considers the adult children whose names are not written, based on comments here).

yes they’ve been separated around 33years,i think just few weeks ago the legal wife had already recieved the initial death benifits 45,299 plus the 13month,she will also recieved 5,033 monthly pension.so total amount they recieved this few weeks ago is 50k+. they lied to my brothers and sister,they said they just recieved 20k deducted of expenses upon processing was 14k left and they divided into 7siblings.is this correct?we the illegitimate children all of us are over 21 years old and the ligetimate as well.im still confuse,fo we have the right to get the exact fair of shares which is the 50k? or just to make it short and clear what benifits can we get eventhough all of thechildren are over 21 years old?
the legal wife has still the marriage contract but it was long time ago the are not living together,and i myself saw the other beneficiares of my father and she is not written there because my father did not change his status yet till he passed away..

Hi Cherry Ann, with SSS, the legal wife is the only beneficiary, but if SSS finds out she has been separated long before, SSS will say that the parents of your father will be the right claimants. If his parents are already deceased, then all of his children (legitimate or illegitimate) and any other person written as beneficiary on his SSS records will share in the lump sum.
With Pag-ibig, it’s the legal wife who can claim. I think Pag-ibig does not care if she has been separated, as long as she can present the marriage cert and other docs. Someone — a daughter — commented here that her stepmother was able to claim his father’s Pag-ibig benefit alone even though his sickly father left the stepmother and went to live with her (the daughter) before he died.

hi ms.Nora.my father died last november,and im one of the illegitimate child among 5 siblings.he married before and got separated with two legitimate children.all of us now are more than 21 years of age.what are the benifits can we get from our father’s SSS and Pag ibig?Are we still entittled to have a share from the legal wife and the legimate children?

Hi rose, with SSS, if your kids are under 21, yes, they’re the only beneficiaries (primary beneficiaries). For the SSS funeral benefit, the claimant is the one who spent for the funeral. SSS requires that the funeral benefit will be claimed first. But file your death claim asap after the funeral claim so SSS will know your partner has kids. With Pag-ibig, if your kids are under 21, it will be your kids and might include your partner’s parents. File ASAP at Pag-ibig so they’ll know your partner has kids.

Hi ms. Nora,
My partner died last May 6,2016.are my children the only beneficiaries in SSS and pag ibig of my partner?what about his parents? Are they also entitled for the same benefit?My children was acknowledged by their thru birth cert.

Hi vilie, 10 years is the usual time frame for civil claims, but there could be a valid reason why you’re claiming only now. Were you under 21 years of age when your father died? Did your mother file her claim? If not, who claimed? Nobody claimed? Was there another family who claimed?

Hi hewitt, about the insurance from Phil Axa, it depends on who was named as beneficiary in the insurance policy. Do you have a copy of the insurance policy? You can also go to Phil Axa with your documents (your brother’s death certificate, children’s birth certificates, your birth cert and your brother’s birth cert to show your relationship to the insured) and ask about your brother’s insurance policy and the beneficiaries.

Hi hewitt, you should go to SSS with your ID, your birth certificate and your brother’s birth certificate and death certificate (to show your relationship to the deceased SSS member) and ask how you can help your brother’s minor children get their pension after their mother has abandoned them. I think SSS will ask for proof that the mother has abandoned them, and I’m not sure if affidavits by the children or joint affidavits by neighbors will be acceptable as proofs.

i would also like to ask if is it true that as her child reach 18 they will receive lumpsum of 70k from phil axa..and how can we help her child to get that money and prevent their mother to get that for her.thank you

hi miss nora.my brother died last 2005 and his wife and 3 children receive monthly pension.unfortunately her wife abandoned her children with her receiving all their monthly pension.as their legal guardian is it possible to transfer his 3 childrens pensions in my name or to his eldest daughter since she’s turning 18 this july 16 2016?

Hi April, yes, indeed. I also wonder about that. I think that if there are no kids, then maybe the parents can share, but if there are kids, then the benefit should go to the spouse and children. But to be sure, ask Pag-ibig.

Thank you. SSS and Pagibig differ in their rules in defining beneficiaries. With sss, there’s primary and secondary beneficiaries. With Pagibig, even if the member is already married and with kids, the parents are still included as claimants.

Hi April, yes, Pag-ibig requires documents from NSO, and not LCR. This is stated in the Application for Provident Benefits Claim form. Only the birth cert can be a Baptismal/Confirmation Cert. Yes, you need to file the guardianship affidavit, as there are cases where the kids are left with the parents of the deceased, and not with the spouse. Yes, you need to write the names of your husband’s parents in the Proof of Surviving Legal Heirs. Ask others too

Thank you! I would like to ask regarding PagIbig death claim. Do I really need to submit Notarized Affidavit of Guardianship(for children 18 years old and below, or physically/mentallyincompetent)?Im the mother of my son ofcourse im theguardian.And how about theres no NSO death certificate? Does the Certified truecopy of death certificate from Local Civil Registry will be accept?Can I pass certificates from LCR. I dont have NSO copies ofDeath,Marriage and Birth Certificate justfrom LCR? Is that ok?And Do I need to include in the SurvivingProof of legal heirs thename of my husbands parents even if were already married and have ason?

Hi April, sorry I’m not sure because the SSS rule considers the semester of death. Your husband’s semester of death is Oct 2015 to Mar 2016, so for you and your son to have a pension, your husband should have paid 36 contributions up to Sep 2015. If not pension, you’ll get a lump sum. You have to ask SSS.

Hi. My husband died last feb18. He had a total 37 contribution in sss,last posted in Feb. Were legally married and had our 7 months old Son. Are we entitled w/the monthly pension death benefits? Thank you.

I just want to ask if, my husband passed away last dec 22, were just he’s 2nd family, we had 2 kids, 4 & 6 yrs old. Do I really have the right to file a petition for my babies even though their illegitimate child?

Hi Karen, if your father claimed his Pag-ibig benefits when he was alive, you have no more death benefit to claim. Pag-ibig’s death benefit is only given and added to the member’s savings and dividends if he died while still a Pag-ibig member. A person is no longer a Pag-ibig member after claiming his Pag-ibig savings and dividends. You can call Pag-ibig 724-4244 if you’re not sure your father claimed his benefits when he was alive.

Hi, I would like to confirm if we can still claim my father’s death benefits even if he already passed away for 7 years now? We have no idea that we can claim any Pag-ibig death benefit, we only knew about SSS death benefit. Please help and thank you.

Hi jeanielly, have the dependents filed their death benefit claim? If less than 36 contributions, the dependents will get a lumpsum. If there were 36 or more contributions, the wife and minor children (under 21) get pensions. If there’s no wife and the children are 21 or older, the children will get a lumpsum. If your uncle died, for example, in April, the semester of death is Jan to June. Your uncle should have 36 contributions before Jan 2015.

Hi Ms. Nora, Im Jeanielly I have few questions regarding the death claim of my uncle. What does it means “36 contributions prior to semester of death”? The dependents of my uncle cliamed only 20,000.00 for the funeral. I’m asking if the dependents are also allowed to receive the monthly pension or lumpsum..As far as I’ve know my uncle has more than 36 months of contribution.

Hi Shy, from Pag-ibig, you, the children can claim his total provident benefits. From SSS, if you are still under 21, you can claim pension if your father paid at least 36 contributions. If 21 and older, you can claim a lump sum. Your birth certificates will prove your relationship with your father.

Hello, I'm Nora.
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